Meaning and Concept
Hib-bil-Iwaz is a concept under Muslim Law that literally means “gift for a return”. It is a type of hiba (gift) made by one person to another with an expectation of something in return. Under this doctrine, the transferor gives property voluntarily without consideration, but later the donee provides an exchange or compensation (iwaz). Although not a sale in the strict sense, it has elements resembling one. The transaction becomes complete only when the iwaz (return) is actually given. It falls under the general principles of Muslim Personal Law of Gifts, which are not codified but recognized by Indian courts through case law and principles aligned with Section 122 of the Transfer of Property Act, 1882, relating to voluntary transfers.
Legal Nature and Requirements
For a Hib-bil-Iwaz to be valid, three essential elements must be present: (1) a clear declaration of the gift by the donor, (2) acceptance by the donee, and (3) delivery of possession. Later, the donee gives an iwaz or return to the donor, which converts the transaction into a form of exchange. Once the iwaz is received, the gift becomes irrevocable. The courts, especially in cases like Abdul Rahim v. Narayan Das (1883), have held that a Hib-bil-Iwaz is recognized under Muslim Law even though it may resemble a sale. Unlike ordinary hiba, the presence of iwaz distinguishes it and creates mutual obligations between the parties.
Legal Recognition and Effect
The Hib-bil-Iwaz is treated as a completed transaction when the return is given and accepted. It is subject to legal principles similar to those governing sales, but without a formal contract or consideration under the Indian Contract Act, 1872. Once complete, it cannot be revoked, as it ceases to be a purely voluntary gift. Courts have upheld its validity, provided it meets all requirements of declaration, acceptance, and delivery. In effect, it represents a hybrid of gift and exchange, illustrating flexibility within Muslim personal law. It safeguards fairness and ensures that both parties derive benefit without violating religious principles governing gratuitous transfers.
Real-Time Example
Suppose Ahmed gifts a piece of agricultural land to Karim, his friend. Later, Karim, as a gesture of gratitude, transfers a small plot of urban land to Ahmed. This transaction constitutes a Hib-bil-Iwaz, as the gift was accompanied by a return. Once Ahmed accepts and takes possession of the urban land, the transaction becomes irrevocable. If Ahmed later tries to revoke his original gift, courts would reject such revocation, as the exchange element (iwaz) transformed the nature of the transaction from a simple hiba into a binding transfer recognized under Muslim law.
Mnemonic to Remember the Concept
Mnemonic: “HIBA WITH IWAZ = Gift With Exchange”
Breakdown:
- H – Hiba (gift)
- I – Involves exchange or return
- B – Becomes irrevocable once iwaz is given
- A – Acceptance and possession essential
- W – Within Muslim law of gifts
- Z – Zero chance of revocation after exchange
This mnemonic helps recall that Hib-bil-Iwaz is a gift involving exchange, transforming a voluntary act into a mutually beneficial and legally binding transfer under Muslim Family Law.
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